H.B. No. 3303
AN ACT
relating to the use of information and records acquired during a
fatality review and investigation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 672.009, Health and Safety Code, is
amended by adding Subsection (e) to read as follows:
(e) Information, documents, and records that are
confidential as provided by this section are not subject to
subpoena or discovery and may not be introduced into evidence in any
civil or criminal proceeding. A document or other information that
is otherwise available from another source is not protected from
subpoena, discovery, or introduction into evidence under this
subsection solely because the document or information was acquired
by a review team in the exercise of its duties under this chapter.
SECTION 2. The change in law made by this Act applies to a
civil or criminal proceeding commenced on or after the effective
date of this Act. A civil or criminal proceeding commenced before
the effective date of this Act is governed by the law as it existed
immediately before that date, and that law is continued in effect
for that purpose.
SECTION 3. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3303 was passed by the House on April
22, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3303 was passed by the Senate on May
18, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor